- Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
- Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Duration transaction: A distance contract relating to a series of products and/or services, with a delivery and/or purchase obligation spread over time.
- Durable data carrier: Any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
- Model form: The model withdrawal form that the entrepreneur provides, which a consumer can fill out if they wish to exercise their right of withdrawal.
- Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
- Distance contract: A contract where, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract.
- Technique for distance communication: A means that can be used to conclude a contract, without the consumer and entrepreneur meeting simultaneously in the same space.
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
- In addition to these general terms and conditions, if specific product or service terms and conditions apply, the second and third paragraphs will apply accordingly, and the consumer can always invoke the most favorable provision in case of conflicting terms and conditions.
- If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the contract and these conditions will remain in force, and the relevant provision will be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.
- Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
- Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.
- If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
- Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
- The price, including taxes;
- Any shipping costs;
- The method of concluding the contract and the steps required to do so;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the contract;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- The tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate for the used communication medium;
- Whether the contract will be archived after its conclusion, and if so, how the consumer can consult it;
- The manner in which the consumer can check and, if desired, correct the information provided by them before concluding the contract;
- The possible other languages in which, besides Dutch, the contract can be concluded;
- The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
- The minimum duration of the distance contract in case of a duration transaction.
- The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as this receipt of acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
- The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service:a. The address of the entrepreneur’s establishment where the consumer can lodge complaints; b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. Information on guarantees and existing after-sales services; d. The information included in Article 4 paragraph 3 of these terms and conditions unless the entrepreneur has already provided this information to the consumer before the execution of the contract; e. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
- In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
- Every contract is entered into under the suspensive conditions of sufficient availability of the relevant products.
- When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after receiving the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.
- During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must do so by using the model withdrawal form. After the consumer has expressed their wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.
- If the consumer has not expressed their wish to exercise the right of withdrawal after the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
- When providing services, the consumer has the option to dissolve the contract without giving any reason within at least 14 days, starting from the day of entering into the contract.
- To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.
- If the consumer exercises their right of withdrawal, they will be responsible for the maximum cost of returning the goods.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been returned or that conclusive proof of complete return can be presented. The refund will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
- In the event of damage to the product due to improper handling by the consumer, the consumer is liable for any depreciation in value of the product.
- The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase contract.
- The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, at least in time before the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:a. That are clearly personal in nature; b. That spoil or age quickly; c. That are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery; d. That are irrevocably mixed with other products after delivery due to their nature; e. Whose price is subject to fluctuations in the financial market that are beyond the entrepreneur’s control; f. For single newspapers and magazines; g. For audio and video recordings and computer software whose seal has been broken after delivery.
- Exclusion of the right of withdrawal is only possible for services:a. Concerning accommodation, transport, restaurant services, or leisure activities to be performed on a certain date or during a certain period; b. Whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired; c. Concerning betting and lotteries.
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and which are beyond the entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:a. They are the result of legal regulations or provisions; or b. The consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The delivery location is the address that the consumer has provided to the company.
- Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without cost and a right to possible compensation.
- After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and communicated to the entrepreneur, unless explicitly agreed otherwise.
- The consumer can terminate a contract entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate a contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time by the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can cancel the agreements mentioned in the previous paragraphs:
- At any time and not be limited to cancellation at a specific time or during a specific period;
- At least in the same way as they were entered into by the consumer;
- Always with the same notice period as the entrepreneur has stipulated for themselves.
- A contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed period.
- Notwithstanding the previous paragraph, a contract that was entered into for a definite period, which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be automatically extended for a definite period of up to three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.
- A contract entered into for a definite period, which extends to the regular delivery of products or services, may only be automatically renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- A contract with a limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) is not automatically continued and ends automatically after the trial or introductory period.
- If a contract lasts longer than one year, the consumer can cancel the contract at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
- Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
- The consumer has an obligation to report any inaccuracies in payment data provided or stated immediately to the entrepreneur.
- If the consumer does not fulfill their payment obligation(s) in time, the consumer will owe the statutory interest on the outstanding amount after being reminded of the late payment by the entrepreneur and the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations. The entrepreneur is entitled to charge extrajudicial collection costs that the consumer incurs. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages for the benefit of the consumer.
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
- The entrepreneur will respond to submitted complaints within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
- Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Belgian law. Even if the consumer resides abroad.
- The Vienna Sales Convention does not apply.